Eric Lurry Decision: Joliet Police Lose Bid To Dismiss Federal Lawsuit

JOLIET, IL ? On Wednesday, the city of Joliet and the Joliet Police Department received news that their efforts to convince federal judge Jeffrey Cummings to dismiss Nicole Lurry's August 2020 federal lawsuit for the death of her husband, Eric Lurry, in Joliet police custody, did not succeed.

The federal judge issued his ruling of 68 pages, and while some of plaintiff Nicole Lurry's claims were thrown out by the judge, several others will stay. And that means Joliet now runs the risk of having to pay out several million dollars if a jury verdict goes against the Joliet police officers and supervisors who were involved in the events that led to Lurry's untimely death more than five years ago.

The four defendant Joliet police officers in the Lurry lawsuit are: Lieutenant Jeremy Harrison, now-retired Sergeant Doug May, Officer Jose Tellez and now-former Officer Andrew McCue.

Here's a synopsis of the federal judge's ruling:

Defendants? motion is granted in part and denied in part. In particular: (1) summary judgment is denied on plaintiff?s denial of medical care claim as to all Officers; (2) summary judgment on the excessive force and unreasonable search and seizure claim against May is denied in part and granted in part on the ground of qualified immunity; (3) summary judgment on the excessive force and unreasonable search and seizure claim against McCue is granted on the ground of qualified immunity; (4) summary judgment is granted in part and denied in part on the failure to intervene claim against all Officers; (5) summary judgment is denied on the supervisory liability claim against Harrison; (6) summary judgment is granted on the willful and wanton claim against all Officers; (7) summary judgment is denied on the battery claims against May and McCue; (8) summary judgment is denied on the wrongful death and survival action claims against all Officers; (9) summary judgment is granted on the spoliation of evidence claim against all defendants; and (10) summary judgment is denied on the indemnification and respondeat superior claims against the City.

According to the judge's summary of the case:

Eric Lurry, Jr. was arrested on January 28, 2020 after Joliet police reportedly observed him engaging in a hand-to-hand drug sale. Lurry was taken into police custody, and he died of a drug overdose less than 24 hours later in Presence St. Joseph?s Hospital.

This case concerns the conduct of four defendant Joliet police officers Lieutenant Jeremy Harrison, Sergeant Doug May, Officer Jose Tellez, and Officer Andrew McCue who were involved in Lurry?s arrest and responsible for his custody prior to when paramedics took him to the hospital.

Plaintiff Nicole Lurry, Lurry?s widow and the special administrator of his Estate, asserts that the Officers violated Lurry?s constitutional rights by failing to promptly summon medical assistance for him. In particular, plaintiff maintains that Lurry placed one or more baggies containing narcotics into his mouth shortly after he was arrested but before he was placed in a police squad car; one officer Tellez knew that Lurry had drugs in his mouth and had possibly swallowed them prior to when Tellez and McCue transported Lurry from the scene of his arrest; and the other three officers learned of these facts and that Lurry was in physical distress while Lurry was transported to the police station or shortly after his arrival.

Despite this, the officers waited more than 13 minutes from the time Tellez voiced his concern that Lurry had ingested drugs to other officers on the scene until after Lurry had completely stopped breathing to call for medical assistance.

Plaintiff further asserts that the Joliet police officers violated Lurry?s constitutional rights by subjecting him to excessive force after they realized Lurry had ingested drugs and by failing to intervene to stop the use of such force. Specifically, May forcefully struck a semi-conscious Lurry in the face and called him a ?bitch? while Lurry was handcuffed and not resisting in the back of McCue?s squad car. May then cut off Lurry?s airway and ability to breathe for 48 seconds by pinching Lurry?s nose closed and squeezing Lurry?s neck and then his jaw.

Then McCue, at the direction of Harrison, shoved his police baton into Lurry?s mouth in an effort to remove the baggies that had contained drugs. Lurry later coughed up a portion of a baggie as he was being administered CPR by non-defendant officers. Plaintiff alleges a violation of his constitutional right to be free from unreasonable searches premised on the same actions, the judge's summary explained for everyone.

Related:

• Death In Joliet Police Custody: No Answers, 5 Months Later
• Joliet Officer Turned Off Car's Video System As Eric Lurry Died
• Joliet's Missing Eric Lurry Video 'Did Have Evidentiary Value'
• Retired Joliet Police Sergeant Vindicated, 4 Charges To Be Dismissed